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Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session [1874-1875]

334 1874-' 75.—Chapter 247.
CHAPTER CCXLYII.
Jan act in relation to fees in state cases.
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eciftor
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by Section 1. The General Assembly of North Carolina do
tain case". enact, That in all criminal actions, if the defendant be ac-quitted,
nolle prosequi entered, or judgment against him
arrested, the costs, including the fees of all witnesses sum-moned
for the accused, whether actually examined or not,
whom the judge or justice of the peace before whom the
trial took place shall certify to have been necessary or proper
for his defence, which certificate may be founded on the
certificate of the counsel of the accused, or upon the oath
of the accused that he has been advised by counsel that such
witnesses were necessary to his defence, shall be paid by the
prosecutor if any be marked on the bill, whenever the
judge or justice of the peace shall certify that there was not
reasonable ground for the prosecution, and that it was not
required by the public interest. If there be no prosecutor,
and the defendant is acquitted or convicted, and unable to
pay the costs, or a nolle prosequi be entered, or judgment
arrested, the county shall pay the clerks, sheriffs, consta-bles
and witnesses half their fees, only except in capital fel-onies
and prosecutions for forgery, perjury and conspiracy,
when they shall receive full fees.
Sec- 2. That this act shall apply to all cases or actions
heretofore tried in which the costs have not been collected.
Sec. 3. That all laws and clauses of laws in conflict with
this act #re hereby repealed.
Sec. 4. This act shall be in force from and after its rati-fication.
Ratified the 22d day of March, A. D. 1875.

334 1874-' 75.—Chapter 247.
CHAPTER CCXLYII.
Jan act in relation to fees in state cases.
p°o\
t
eciftor
C
in
pa
c
i
er
by Section 1. The General Assembly of North Carolina do
tain case". enact, That in all criminal actions, if the defendant be ac-quitted,
nolle prosequi entered, or judgment against him
arrested, the costs, including the fees of all witnesses sum-moned
for the accused, whether actually examined or not,
whom the judge or justice of the peace before whom the
trial took place shall certify to have been necessary or proper
for his defence, which certificate may be founded on the
certificate of the counsel of the accused, or upon the oath
of the accused that he has been advised by counsel that such
witnesses were necessary to his defence, shall be paid by the
prosecutor if any be marked on the bill, whenever the
judge or justice of the peace shall certify that there was not
reasonable ground for the prosecution, and that it was not
required by the public interest. If there be no prosecutor,
and the defendant is acquitted or convicted, and unable to
pay the costs, or a nolle prosequi be entered, or judgment
arrested, the county shall pay the clerks, sheriffs, consta-bles
and witnesses half their fees, only except in capital fel-onies
and prosecutions for forgery, perjury and conspiracy,
when they shall receive full fees.
Sec- 2. That this act shall apply to all cases or actions
heretofore tried in which the costs have not been collected.
Sec. 3. That all laws and clauses of laws in conflict with
this act #re hereby repealed.
Sec. 4. This act shall be in force from and after its rati-fication.
Ratified the 22d day of March, A. D. 1875.